DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 LCC
Docket No. 7901-05
18 Oct 05
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 18
October 2005. Your allegations of error and injustice were
reviewed in accordance with administrative regulations and
procedures applicable to the proceedings of this Board.
Documentary material considered by the Board consisted of your
application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies. In addition, the Board considered the advisory
opinion furnished by CNO memorandum 7220 Ser N130C4/05U063l, 7
October 2005, a copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material error
or injustice. The Board substantially concurred with the comments
contained in the advisory opinion. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a presumption
of regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden
is on the applicant to demonstrate the existence of probable
material error or injustice.
Sincerely,
W. DEAN PFIEFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000
N REPLY REFER
TO
7220
Ser
N130C4/05U0631
7 Oct 05
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via: Assistant for BCNR Matters, Pers-OOXCB
Subj:
Ref: (a) DODFMR Volume 7A, Chapter 26
(b) SECNAVINST 7220.82
End: (1) BCNR Case File #07901-05
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
2. Enclosure (1) indicates a request to draw Basic Allowance for
Housing (BAH) at the with-dependent rate for Jacksonville, FL
(dependents’ location) vice Kings Bay, GA (temporary duty station)
3. lAW reference (a) chapter 26 table 26-9 rule 14, If member was
assigned to a duty location outside the United States then the payable
BAH rate is for the Permanent Duty Station (PDS) or the date member
reports at the TDY location if the member reports there first. The
petitioner reported to Kings Bay for TDY on 5 Sep 05. therefore she is
entitled to BAH with dependents at the Kings Bay, GA rate until she
checks into her ultimate PDS.
4. N13OC recommends disapproval of the petitioner’s request to draw
BAH at dependents’ location (Jacksonville, FL) while TDY.
Assistant Head, Pay and
Allowances Section (N130C4)
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